- Associated Press - Thursday, September 10, 2015

RICHMOND, Va. (AP) - Two state lawmakers want to know why a police report into the bloody arrest of a University of Virginia student by alcohol control agents cannot be made public.

“I will not be stonewalled,” said Sen. Frank Wagner, who is planning a joint hearing with Del. Todd Gilbert.

Democratic Gov. Terry McAuliffe ordered the review after Alcoholic Beverage Control agents arrested Martese Johnson outside a Charlottesville pub in March. Photos and video of the bloodied 20-year-old were circulated widely on social media. Johnson, who is black, could be heard on the recordings calling the officers racist.

The ABC said in a news release last month that its review of a Virginia State Police investigation determined that the three agents involved in the arrest did not violate policy. And in June, a prosecutor in a separate criminal investigation found no evidence of malice or racism by the officers, who weren’t charged. Charges against Johnson were dropped.

Secretary of Public Safety and Homeland Security Brian Moran said state lawyers from the governor’s office and the attorney general’s office have concluded that the state police report cannot be released because it is part of the officers’ personnel records, which are not subject to public records laws.

Wagner said the McAuliffe administration is relying on an overly broad definition of personnel records.

“Senior government officials in the executive branch have an obligation and a duty to be transparent in the conduct of official business,” Wagner said.


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